All notes for Subtopic 1000.02002 – Access – Subject of Bargaining

DecisionDescriptionPERC Vol.PERC IndexDate
2300H Regents of the University of California
1000.2002: SCOPE OF REPRESENTATION; Access - Subject of Bargaining
PERB has held that access rules are negotiable and unilateral changes in those rules are unfair practices under HEERA. Union access rules are negotiable. Access to the public employer’s property for the purpose of communicating the union’s message implicates a variety of issues that the mediatory influence of collective bargaining is likely to resolve, such as reasonable time, place and manner restrictions, and the designation of places that the employer may legitimately reserve for itself as an area in which it is the only permitted speaker. The regulation at issue here purports to regulate more than traditional access to employees, as its scope reaches to union hand billing the general public and other staff on university property. We find that these broader regulations on union leafleting activity designed to reach both the public and employees are also within the scope of negotiations. more or view all topics or full text.
12/20/12
1926H Trustees of the California State University
1000.2002: SCOPE OF REPRESENTATION; Access - Subject of Bargaining
The decision to implement a computer policy is within CSU’s exercise of managerial prerogative because computer policies are necessary for CSU to provide its educational mission. “Computing resources support virtually every facet of [CSU’s] operations, including student admissions, registration, advisement, instruction, health care services, library services, research, communications, fund-raising, business and finance, plant operations, human resources, and public safety.” Additionally, computer networks are constantly under attack from viruses and worms which have the potential to take down an entire computer network thereby preventing CSU from providing its educational mission. more or view all topics or full text.
3115210/31/07
1507H Trustees of the California State University
1000.2002: SCOPE OF REPRESENTATION; Access - Subject of Bargaining
CSU’s computer usage policies affect matters within the scope of representation as they pertain to APC’s use of CSU e-mail to communicate with employees. Computer resources, telephones and fax machines comprise “reasonable” means of access in a large academic institution and reasonable access rights are negotiable. more or view all topics or full text.
272601/08/03
1467E San Diego Community College District
1000.2002: SCOPE OF REPRESENTATION; Access - Subject of Bargaining
District's prohibition on use of inter-site mail system and photocopying services by union for political purposes is mandated by Education Code section 7054 thus policies prohibiting such use are removed from scope of representation to the extent Section 7054 clearly evidences an intent to set an inflexible standard or insure immutable provisions. more or view all topics or full text.
263301411/28/01
0628E Woodland Joint Unified School District
1000.2002: SCOPE OF REPRESENTATION; Access - Subject of Bargaining
Union access to work areas and equipment negotiable. more or view all topics or full text.
111812106/30/87
0474E Davis Joint Unified School District
1000.2002: SCOPE OF REPRESENTATION; Access - Subject of Bargaining
Bad faith bargaining by District found where it refused to bargain over Association Rights Clause, which included provisions for use of District facilities, equipment, right to access to bulletin board and mail system, transfer of non-confidential information and giving the Association the school board agenda; pp. 28-31. more or view all topics or full text.
91604512/31/84
0375E Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District
1000.2002: SCOPE OF REPRESENTATION; Access - Subject of Bargaining
Access rights of exclusive representative negotiable; p. 17. more or view all topics or full text.
81502101/05/84